In a recent judgment by the Supreme Court of India, the applicants in the State vs. [Respondent] case have been granted regular bail. The Court considered the nature of the allegations and the law laid down in previous cases. The applicants are ordered to be released upon executing a personal bond. This decision marks an important development in the ongoing legal proceedings.
Arguments
- The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail.
- The offence in question is punishable under Sections 380, 454, 465, 467, 471, 411, 413 and 114 of the Indian Penal Code.
- The applicants were initially unknown persons in the FIR, and were later arrested based on materials and confessional statements.
- The applicants were taken into custody via transfer warrant, with the investigation already concluded and charge-sheet submitted.
- All offences are triable by the Court of Magistrate, with no recovery or discovery at the instance of the applicants.
- No T.I. Parade was conducted, and the applicants have been in judicial custody since 27.11.2023.
- Despite multiple offences registered against them, the applicants have been granted bail in all other cases.
- It is requested to grant bail to the applicants with suitable terms and conditions.
- Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail considering the nature and gravity of the offence.
- Learned advocates for both parties do not press for a detailed reasoned order.
Analysis
- Learned advocates representing both parties heard
- Investigation papers and allegations against applicants considered
- No T.I. Parade conducted, no recovery or discovery at applicant’s instance
- Applicants have been in jail since 27.11.2023
- Investigation concluded, charge-sheet filed
- Offences exclusively triable by Magistrate Court
- The Court considered the law laid down by the Hon’ble Apex Court in the cases of Sanjay Chandra v. Central Bureau of Investigation and Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- In the current case and based on the nature of the allegations in the FIR, the Court believes it is appropriate to grant regular bail to the applicants.
- The applicants are ordered to be released on regular bail upon executing a personal bond of Rs.15,000/- each with one surety of the same amount to the satisfaction of the trial Court.
- Conditions for the bail include not misusing liberty, not acting in a manner prejudicial to the prosecution’s interests, surrendering passports, not leaving Gujarat without permission, marking monthly presence at the Police Station, and providing current address details to the Investigating Officer and the Court.
- The applicants will only be released if not required in connection with any other offense.
- Violation of bail conditions may lead to the Sessions Judge issuing a warrant or taking appropriate action.
Decision
- The present application for bail is allowed.
- The conditions imposed for bail are listed and subject to modification by the concerned Court.
- The Rule is made absolute at trial.
- Direct service is permitted.
Case Title: ANMOLBHAI GOKULBHAI DIGMBER JADAV (PATIL) Vs. STATE OF GUJARAT
Case Number: R/CR.MA/6684/2024
